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Supreme Court Grants FG Exclusive Control Of All Inland Waterways

Published

8 months ago

January 7, 2024

The Supreme Court has granted the Federal Government total control of all waterways in the country, including the right to levy and licence operators in the sector.

The court, in a landmark judgement it delivered last Friday, in an appeal marked: SC/CV/17/2018, held that States lack the constitutional right to impose levies on businesses operating in the nation’s inland waterways.The appeal was filed by the National Inland Waterways Authority, NIWA, and the Nigerian Maritime Standard and Safety Agency, NMSSA, Minister of Mines and Steel Development, as well as the Minister of Transport.

Respondents to the case were the Lagos State Waterways, the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney-General, the Governor of Lagos State, the Incorporated Trustees of Association of Tourist Boat Operators and Water Transportation of Nigeria, ATBOWTN, and the Incorporated Trustees of Dredgers Association of Nigeria, DAN.

The apex court held that it was wrong, unlawful and illegal for states to seek to control the sector and impose levies.

The appeal, filed in 2018, was prosecuted for the Appellants by a team of lawyers led by the present Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN.In its lead judgment that was prepared by Justice Inyang Okoro and read by Justice Emmanuel Agim, the Supreme Court held that NIWA is the only agency saddled with the responsibility to levy, impose, and charge rates of utilization along the declared waters of the Nigerian Inland Waterways Authority.

It added that NIWA is the rightful and legal agency of FG with the powers to exclusively manage, direct and control all activities on the navigable waters and its right of way, throughout the country, for inland navigation, pursuant to Sections 8 and 9 of NIWA Act.

The apex court equally agreed with Fagbemi, SAN, that activities of the Lagos government and its agencies constituted a flagrant usurpation and an illegal encroachment on the statutory functions of NIWA because the waterways of Lagos State, among others in Nigeria, are under the Exclusive Legislative List set out in Part 1 of the Second Schedule to the 1999 Constitution.

It held that only FG, through the National Assembly, could legislate on Maritime Shipping and Navigation, stressing that the power to legislate on any subject in the Exclusive Legislative List was not within the rights of the Lagos State Government.

The court noted that existing laws did not favour Lagos government’s arguments on resource control, adding that political stakeholders, including the Legislature, could work on ways to amend the law to address the concern raised by Lagos and others on the issue.

It restored the judgement delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos and reversed the July 18, 2017 verdict of the Court of Appeal (Lagos Division), which set aside the Federal High Court judgment.

The Appellants had among other things, argued that the activities of the Lagos State Waterways Authority, LASWA, created by the Lagos Government, through the enactment of LASWA Law No. 14 of 2008 (LASWA 2008) by the state’s House of Assembly, to regulate, develop and manage all aspects of the waterways in Lagos State, was unconstitutional.

They argued that the inland waterways within Lagos State, not captured by the National Inland Waterways Act, are within the legislative competence of the state’s Legislature.

It was their position that states could collect taxes/levies on businesses on waterways within their territory.

However, confronted with a regime of multiple charges by agencies of both FG and Lagos State, ATBOWTN and DAN, in a suit marked: FHC/L/CS/543/2012, approached the Federal High Court in Lagos to determine which tier of government was empowered by extant laws to license and levy business operators on the nation’s inland waterways.

In his judgment on the case, Justice Tsoho, on March 28, 2014, held, among others, that NIWA and NMSSA were the proper and lawful agencies with authority in matters relating to the commercial activities of ATBOWTN and DAN, who are involved in water tourism, water transportation and sand dredging within the national inland waterways.

Justice Tsoho restrained the Lagos State Waterways Authority and the state’s Commissioner for Waterfront Infrastructural Development from further seeking to control the commercial activities of the plaintiffs – ATBOWTN and DAN.

Justice Tsoho’s judgement was eventually vacated on July ,18, 2017 in an appeal marked: CA/L/886/2014, which was fled by the Governor of Lagos State and three others. Dissatisfied with the development,

NIWA and the three other Appellantts took the matter before the Supreme Court which in the judgement it delivered last Friday, reaffirmed the earlier judgement of the high court.

Headline

Germany Opens Doors To 250,000 Kenyan Workers

Published

8 hours ago

September 15, 2024

Editor

Germany has signed an agreement to allow 250,000 skilled and semi-skilled workers from Kenya to migrate under a new labour migration deal aimed at addressing workforce shortages in Europe’s largest economy.

The agreement, which focuses on controlled and targeted migration, was signed by German Chancellor Olaf Scholz and Kenyan President William Ruto in Berlin.

As Kenya faces increasing challenges in providing employment and adequate income for its young professionals, Germany is experiencing a shortage of skilled labour.

The deal offers a solution to both countries’ issues, creating opportunities for Kenyans to work in Germany while addressing the country’s labour demands.

In a pilot phase of the program, five Kenyan bus drivers have already arrived in Flensburg, northern Germany, as part of the larger plan.

Migration agreements like this one have become a key element of Germany’s broader efforts to manage immigration and labour shortages effectively.

The deal will also simplify the repatriation process for Kenyans who are currently in Germany without legal status.

This comes as immigration remains a contentious issue in Germany, following a rise in the popularity of the far-right anti-immigration party, Alternative for Germany (AfD).

In recent years, Germany has taken in large numbers of asylum seekers, including over one million people fleeing conflicts, such as the Syrian civil war during the 2015-2016 migrant crisis.

Since the full-scale Russian invasion of Ukraine began in 2022, the country has also received 1.2 million Ukrainian refugees.

Under the labour agreement, Germany has pledged to ease certain immigration laws to enable Kenyans to secure employment.

The deal includes provisions for long-term visas for Kenyans seeking to study or pursue vocational training in Germany.

Kenyan workers who have obtained approved jobs may also have their temporary residence permits extended.

“On the expiry of the long-stay visa, Kenyans may receive a temporary residence permit for study purposes in Germany for up to two years,” the agreement states.

The temporary residence permit may be extended if the purpose of residence has not yet been achieved but is achievable within a “reasonable” period, it adds.

According to the deal, IT specialists from Kenya will be allowed to enter and work in Germany, even if they do not have formal qualifications.

Both governments will support the immigration of skilled workers who have finished vocational training or earned a university degree, as long as their qualifications are recognised by the relevant authorities of the other party

The deal also includes provisions for the readmission and return of citizens between the two nations.

It spells out guidelines to prevent and fight against labour exploitation, forced labour and human trafficking.

While welcoming five Kenyan drivers in Flensburg on Thursday, Schleswig-Holstein’s Transport Minister Claus Ruhe Madsen said Germany was in need of hard-working hands and clever minds.

“We simply have to position ourselves in Germany in such a way that it is attractive to come here,” Mr Madsen added.

The drivers are the first batch of Kenyan workers, who will be trained by the Aktiv bus company in a pilot project, hoping to get a job in Germany.

Doctors, nurses and teachers are among those expected to take part in the programme.

The International Labour Organisation (ILO) said the deal was expected to significantly increase access to decent foreign jobs for Kenyan workers in Germany and address labour shortages in Germany.

“It includes mechanisms to protect the rights and welfare of Kenyan migrant workers in Germany, ensuring safe, orderly, and productive migration,” ILO added in a statement.

But there are concerns about a brain-drain in Kenya with professionals like doctors and nurses going abroad for jobs, leaving local hospitals with a huge shortage of medical workers.

“It is sad that we are going to service other countries at the expense of our own country,” Ekuru Aukot, a Kenyan lawyer and politician, told the BBC’s Newsday programme.

But Roseline Njogu, a senior foreign affairs official, said Kenya was simply responding to the global labour market demands.

“We have a youth bulge in Kenya and every year we have a million people joining the local labour market. It takes time and resources to create job opportunities at home,” she added.

Headline

Woman Who Married Herself Files For Divorce After One Year

Published

1 day ago

September 14, 2024

Editor

A London-based influencer, Sullen Carey, has divorced herself after just one year of marriage. The 36-year-old Brazilian model made headlines last year when she wed herself in a ceremony widely recognized as “sologamy.”

She shared the unconventional event with her 400,000 Instagram followers, attracting significant media attention worldwide.

According to reports, Carey’s decision to end her solo marriage came despite her efforts to make it work, including attending couples therapy sessions by herself.

Suellen sought therapy to navigate her emotions, undergoing 10 sessions to save her self-marriage. Ultimately, she decided that ending the marriage was the healthiest choice. “I was putting a lot of pressure on myself, which left me exhausted,” she confessed, acknowledging the emotional toll it had taken.

Though she described marrying herself as an “enriching” experience and a journey of self-discovery, Suellen said she has no regrets about ending it. “I realised my sologamous marriage was a healing process, but personal growth can lead us in different directions,” she explained.

Suellen said she is ready for a new chapter, expressing openness to a traditional relationship. “I’ve decided it’s time to move on and open my heart to new possibilities, including finding a partner.”

Headline

US Court Sentences American To 40 Years For Beheading Gokada Nigeria Founder

Published

2 days ago

September 13, 2024

Editor

A 25-year-old American man, Tyrese Haspil, has been sentenced to 40 years to life in prison for the murder of his former boss, Fahim Saleh, 33, in New York City.

Saleh was the founder and CEO of Nigerian transportation company, Gokada.

People.com reports that Haspil, who worked as Saleh’s executive assistant, had been embezzling funds from his employer and killed him to avoid being caught.

Haspil’s sentencing followed his conviction by a New York State Supreme Court jury two months ago.

He was found guilty of first-degree murder, second-degree grand larceny and other charges.

The Manhattan District Attorney, Alvin Bragg Jr., in a press release on Tuesday, said, “Today, Tyrese Haspil is facing accountability for brutally murdering and decapitating Fahim Saleh, a kind, generous, and empathetic person who positively impacted the world.

“Even after the defendant stole from him to fund a lavish lifestyle, Mr. Saleh still gave him a second chance. While today’s sentence won’t bring Mr. Saleh back, I hope it provides his family a sense of closure as they continue to mourn his painful loss.”

According to prosecutors, surveillance footage captured Haspil entering Saleh’s apartment building in Lower Manhattan on July 13, 2020, and following him into the elevator.

Upon exiting the elevator, which led directly into Saleh’s apartment, Haspil deployed a taser against Saleh’s back and then repeatedly stabbed him in the neck and torso with a knife, resulting in his death.

Surveillance footage of convicted killer Tyrese Haspil, who killed and decapitated his mentor, tech CEO Fahim Saleh, after embezzling nearly $400,000. Photo: Manhattan District Attorney’s Office/ New York Post
The next day, Haspil returned to the apartment where he “dismembered and decapitated Mr. Saleh’s body using the saw and placed the body parts in pre-ordered construction bags,” as stated in the release.

Saleh’s cousin made the discovery after visiting his apartment to check on his welfare, having not received any communication from him in 24 hours. She immediately notified the police.

Prosecutors stated that Haspil left the apartment to obtain a battery charger for the saw but did not return after observing police in the building.

He was arrested four days later at an Airbnb location he had rented to celebrate his girlfriend’s birthday.

The Gokada founder had discovered Haspil’s embezzlement of thousands of dollars from his accounts, to which Haspil had access as his executive assistant since 2018.

The district attorney’s office said that Haspil set up a Paypal account and a corporate bank account to funnel Saleh’s money.

Haspil generated fake financial statements and used a name that closely resembled those of legitimate transactions, making it difficult for Saleh to detect the embezzlement.

“Haspil resigned in May 2019, knowing Mr. Saleh would learn about the embezzlement, yet continued to steal money [and] increasing the amounts,” prosecutors said.

The district attorney’s office reported that Haspil repaid Saleh using funds obtained through the PayPal scheme, but the embezzlement continued, ultimately reaching an estimated total of $400,000.

According to prosecutors, Haspil had plotted to murder Saleh at least three times before ultimately carrying out the crime in July 2020, reportedly in an attempt to hide the embezzlement and prevent Saleh from potentially serving as a witness against him.

Saleh’s company issued a statement after his passing, describing his dedication to Nigeria and its youth as “immeasurable.”

“He believed young Nigerians are extremely bright and talented individuals who would flourish if just given the right opportunity.

“Fahim also believed that technology can transform lives and improve safety and efficiency. He built Gokada to act upon these beliefs,” the statement read.

Gokada is a ride-hailing service in Nigeria which launched in 2017 before diversifying into Logistics and Food Delivery in 2020.